Shanthi v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL Shanthi W/o.Rajan, No.100,6th Street, Jothiyammal Nagar, Shenoy Nagar, Chennai - 600 030.

..Petitioner(s)/Accused No.1 Vs The Inspector of Police K-6 T.P. Chathram Police Station, Chennai.

..Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail to the petitioner/Accused No.1 in the event of her arrest in Crime No.168 of 2026 on the file of the respondent police.

For Petitioner(s):

Mr.R.Thirugnanam For Respondent(s):

Mr.C.R.Malarvannan Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed by the petitioner on 19.05.2026 under Section 482 of 'Bharatiya Nagarik Suraksha Sanhita, 2023' [henceforth 'B.N.S.S'] praying to grant an order of pre-arrest bail to her.

2. The petitioner/Accused No.1, apprehend the arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1)(A) and 4(1)(C) of Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.168 of 2026 on the file of the respondent police.

3. The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 75 numbers of brandy bottles, each containing 180 ml. Hence, the case.

4. The learned counsel for the petitioner submitted that the petitioner is an innocent person. Based on the confession of co-accused, the petitioner has been falsely implicated in this case. He further submitted that the co-accused/A2 and A3 were already arrested and released on bail. Hence, he prayed to grant an order of pre-arrest bail to the petitioner.

5. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner along with other accused was found in illegal possession of 75 numbers of brandy bottles, each containing 180 ml. He further submitted that the petitioner has nine (9) previous cases pending against him. Hence, he prayed to dismiss this Criminal Original Petition.

6.Heard both sides. This Court has perused the records.

7.Considering the above facts and circumstances of the case, the nature of the offence alleged to have been committed by the petitioner and the fact that co-accused/A2 and A3 were already released on bail, this Court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions:

(i) The petitioner shall be released on bail in the event of his arrest or in the event of his surrender before the learned V Metropolitan Magistrate, Chennai, within a period of 15 days from the date of receipt of a copy of this order, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), along with two sureties each for a like sum of Rs.10,000/- to the satisfaction of the learned V Metropolitan Magistrate, Chennai; (ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned V Metropolitan Magistrate, Chennai shall obtain a copy of any one of their identity proofs to ensure their identity; (iii) The petitioner shall appear and sign before the respondent-Police daily at 10.00 a.m,, until further orders;

(iv) The petitioner shall donate a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the Tamil Nadu Advocate Clerk Association, Chennai (Account No.484026006, Indian Bank, High Court Branch, IFSC NO.IDIB000M157).

(v) The petitioner shall make himself available for interrogation by police as and when required;

(vi) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; (vii) On breach of any of the aforementioned conditions, the learned V Metropolitan Magistrate, Chennai/Trial Judge is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) 13 SCC 5560].

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

22-05-2026 Index: Yes/No Speaking/Non-speaking order RSI/DH

Note:

1.Registry is directed to forthwith upload this order in the official website of this Court.

2.All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies.

To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.

To 1.The V Metropolitan Magistrate, Chennai.

2.The Inspector of Police, K-6 T.P. Chathram Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

R.SAKTHIVEL, J.

RSI 22-05-2026